Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer No, ordinarily, a person is counted against their country of birth (or the country of birth of their spouse.) Country of citizenship normally does not impact this determination. (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer No, there is a U.S. civics/history test when applying for U.S. citizenship. But, there is no such test when applying for a green card. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer It is very hard to say whether the Fairness for High Skilled Immigrants Act has a reasonable chance of being passed in the near future. The House and the Senate each passed different versions of the bill, and they do not have a lot of...
Answer There have been widespread reports of delays with receipts being issued for I-140s and I-485s filed at USCIS lockboxes. If your filing fee check has been cashed, this is a good indication that the USCIS is processing your case. And, if you get the cancelled...
Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...
Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa "stamp,") this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before it...
Answer It is possible that the USCIS has lost your case, but the fact that you have not yet been rescheduled for biometrics is not necessarily a cause for alarm. The USCIS has indicated that it is still in the process of rescheduling more than 60,000...
Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
